Single judge's order allowing bail to an elderly petitioner (77 years) arrested for NDPS offences. The court noted the recovery of ganja plants, lack of antecedents, and the protracted trial duration as factors.
Enlargement on bail upon furnishing a personal bond of Rs. 1,00,000/- and two sureties of Rs. 50,000/- each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 16428/2022
Lalita Prasad Son Of Late Shri Devi Lal, R/o Village Sawai Pura, P.S. Nangal Rajawatan, Tehsil Nangal Rajawatan District Dausa (Raj.) (At Present Confined In District Jail Dausa)
----Petitioner
Versus
State Of Rajasthan, Through P.p.
----Respondent For Petitioner(s) : Mr.Anil Upman, Adv. For Respondent(s) : Mr.S.S.Mahla, PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
09/11/2022
The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No.210/2022, Police Station Nangal Rajawatan, Distt. Dausa for the offence under Section 8/20 of NDPS Act.
Learned counsel for the petitioner submits that the petitioner is an old man aged about 77 years. It is further contended that 250 plants of ganja weighing 50 killo 350 grams was recovered from the farm of the present petitioner. The petitioner is not having criminal antecedent. The petitioner is in judicial custody and the trial of the case will take sufficient long time. Therefore, the benefit of bail should be granted to the accused-petitioner.
Learned Public Prosecutor has opposed the bail application.
I have considered the arguments advanced before me and gone through the material available on record.
(2 of 2) [CRLMB-16428/2022]
Taking into account the facts and circumstances of the case, without commenting on the merits of the case, this Court deems it just and proper to release the petitioner on bail.
Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner Lalita Prasad Son Of Late Shri Devi Lal shall be enlarged on bail in FIR No.210/2022, Police Station Nangal Rajawatan, Distt. Dausa provided he furnishes a personal bond in the sum of Rs.1,00,000/with two sureties of Rs.50,000/- each to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to do so.
(MANOJ KUMAR GARG),J
137 NK/
2 issues framed by the court
Whether to grant bail to the petitioner accused of offences under the NDPS Act.
Whether the petitioner's age and lack of criminal antecedents justify release on bail.
2 provisions across 2 enactments
Lalita Prasad Son Of Late Shri Devi Lal
State Of Rajasthan
Manoj Kumar Garg
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
